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There’s a New Boss in Town: Vavilov and Municipalities
Administrative Law Matters (2020)
  • Alexandra Flynn, Allard School of Law at the University of British Columbia
Abstract
In the curious time of COVID-19, Canadian municipalities have leveled the virus’ spread by enforcing distancing rules, fining non-compliant businesses, and maintaining garbage collection, among other mundane tasks. City decision-makers are clearly ‘governments’ – and important ones, too. But, in legal speak, municipal councils are actually administrative bodies, nothing more than ‘creatures of the province’. They must heed the whims of provincial governments, with their decisions subject to judicial review. The SCC’s decision in Vavilov v Canada impacts municipalities. This post zeros in on the question of cities, examining ten post-Vavilov decisions that engage with the new framework. As these fresh judgments show, Vavilov has indeed made waves, replacing the historical deference towards municipalities with statutory obedience, shifting the standard from reasonableness to correctness in many cases.

Keywords
  • administrative law,
  • municipalities,
  • standard of review,
  • covid-19
Disciplines
Publication Date
2020
Citation Information
Alexandra Flynn. "There’s a New Boss in Town: Vavilov and Municipalities" Administrative Law Matters (2020)
Available at: http://works.bepress.com/alexandra-flynn/22/